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Interpretation Response #05-0093 ([Oak Ridge National Laboratory] [Mr. Mark Hawk])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Oak Ridge National Laboratory

Individual Name: Mr. Mark Hawk

Location State: TN Country: US

View the Interpretation Document

Response text:

May 18, 2005

 

Mr. Mark Hawk                      Reference No. 05-0093
Oak Ridge National Laboratory
National Transportation Research Center, Rm. A14
2360 Cherahala Blvd
Knoxville, TN 37932

Dear Mr. Hawk:

This responds to your June 4, 2004 letter and previous email correspondence with Jim William Health Physicist, Office of Hazardous Materials Technology (DHM-20) requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180. Specifically, you ask for assistance in determining when the drop test specified in § 173.465(c) and the hypothetical accident condition test specified in § 173.467 are required for packages intended for Type A quantities of fissile, radioactive material (RAM). You request clarification of the regulations in effect prior to the final rule published on January 26 2004 under Docket No. RSPA-99-6283 (HM-230), which became effective October 1, 2004. In your letter, you incorporated a list of conclusions that were based on your understanding of the testing requirements in § 173.455(c) and 173.467 as they apply to fissile material packages authorized for use by § 173417(a). The list of conclusions you provided in your letter has been summarized and revised below to accurately reflect the requirements of the HMR in effect prior to October 1, 2004:

  • 49 CFR 173.41 7(a)(1) - For a DOT Specification 6L:
    The free drop test specified in § 173.465(c) does riot apply.
  • 49 CFR 173.41 7(a)(2) - For a DOT Specification 6M:
    The free drop test specified in § 173.465(c) does not apply.
  • 9 CFR 173.417(a)(3) — For any packaging listed in 49 CFR 173.415, limited to the Class 7 (radioactive) materials specified in 10 CFR part 71, Subpart C:
    The free drop test specified in § 173.465(c) does apply, and the package must meet the initial drop test requirements for fissile material specified in
    § 173.465(c)(2).
  • 49 CFR 173.41 7(a)(4) — For any other Type A or Type B, Type B(U), or Type B(M) packaging for fissile Class 7 (radioactive) materials that also meets the applicable standards for fissile materials in 10 CFR Part 71:
    The free drop test specified in § 173.465(c) does not apply because these packagings are subject to the tests prescribed in 10 CFR Part 71.
  • 49 CFR 173.41 7(a)(5) - For any other Type A or Type B, Type 6(U), or Type B(M) packaging that are foreign made and for which the US Competent Authority has revalidated the foreign competent authority certificate: The free drop test specified in § 173.465(c) does not apply. However, these packagings must comply with the requirements of the country of origin and applicable requirements of the International Atomic Energy Agency “Regulations for the Safe Transport of Radioactive Materials, Safety Series No. 6,” (incorporated by reference, see § 171.7).
  • 49CFR 173.41 7(a)(6) — For a 55-gallon 1A2 steel drum, meeting the applicable packaging testing requirements of Part 178, Subpart M at the packing group I performance level; and meeting the eight (8) conditions of § 173.41 7(a)(6), including 49 CFR 173.41 7(a)(6)(v) that requires an appropriate primary, inner containment meeting the Type A provisions of 49 CFR 178.350: The Type A inner packaging must satisfy the requirements of the free drop test specified in § 173.465(c) and the initial drop test requirements for fissile material specified in § 173.465(c)(2).

Section 173.467 requires packaging for fissile material to meet the hypothetical accident condition test requirements prescribed by the Nuclear Regulatory Commission (NRC) in 10 CFR part 71. The applicability of the hypothetical accident condition test to the packagings listed above must be determined in accordance with 10 CFR part 71. Request for guidance on 10 CFR part 71 should be addressed to the NRC. Note that, the DOT specification 6L, 6M and 1A2 packagings referenced in this letter are only authorized to be used for fissile material through October 1, 2008 (‘ 173.417). Also, in your letter you state that § 173.465(c)(3) and (c)(4) allow the use of separate specimens for the corner drop test. That statement is incorrect. The regulations actually require t you “must” use separate specimens for the corner drop test specified in § 173.465(c)(3) and (c)(4).

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

 

John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

173.465(c)(2)
173.467

Regulation Sections

Section Subject
173.465 Type A packaging tests
173.467 Tests for demonstrating the ability of Type B and fissile materials packagings to withstand accident conditions in transportation